[HISTORY: Adopted by the Board of Trustees of the Village
of Westhampton Beach 7-5-2022 by L.L. No. 5-2022. Amendments noted where
applicable.]
This chapter and any subsequent amendments thereto shall be
known and may be cited and referred to as the "Sewer Law."
A.
Pursuant to the authority of § 14-1400 of the Village Law,
as amended, the Village of Westhampton Beach established a sewerage
system, known as the "Incorporated Village of Westhampton Beach Sewer
System," (the "sewer system") the bounds of which coincide with the
corporate limits of the Village, and which includes all property within
the Incorporated Village of Westhampton Beach.
B.
Those areas of the sewer system where a connection to the public
sewer is available shall be designated herein as "service areas."
All costs and expenses relating to the maintenance and use of the
public sewer, as defined herein, shall be borne solely by the owners
of the using premises without any cost or expense to the Village.
C.
Those areas of the sewer system which are outside of the service
areas are designated herein as "nonservice areas." The nonservice
areas shall be serviced by private on-site wastewater disposal systems.
All costs relating to private on-site wastewater disposal systems
shall be borne by the owners of those systems without any cost or
expense to the Village.
D.
The Board of Trustees, in its sole discretion, upon a determination that it is necessary to do so in order to preserve or further the health, safety and welfare of the Village, may amend § 141-3 hereof and thereby expand the service areas of the sewer system. Within the time period designated herein, the owners of premises within service areas shall, at their own expense, legally abandon private on-site wastewater disposal systems upon the premises and shall connect the premises to the public sewer.
E.
The sewer system is not located within the boundaries of any municipal
sewer district, and therefore, the Village entered into an agreement
with the County of Suffolk (the "County") to allow the Village to
connect the phase one service area of its sewer system to Suffolk
County Sewer District No. 24- Gabreski Municipal, subject to the terms
of said agreement which is entitled, "Intermunicipal Agreement for
Sewer Construction and Connection for Incorporated Village of Westhampton
Beach to Suffolk County Sewer District No. 24- Gabreski- Municipal,"
dated March 3, 2021.
F.
Pursuant to said intermunicipal agreement, the Incorporated Village
of Westhampton Beach will dedicate the phase one service area collection
and conveyance system, including but not limited to all pipes, pumps
and easements thereof, to the County of Suffolk.
(1)
After dedication of the phase one service area collection and conveyance
system to the County all costs associated with the phase one service
area shall be the County's obligation and the County shall bill
each individual connectee for any usage or assessment for the public
sewer in the phase one service area. The County of Suffolk shall oversee
the usage and assessment of the phase one service area.
The following areas of the sewer system where connection to
the public sewer is available shall constitute a service area or service
areas:
A.
The phase one service area generally consists of the central portion
of the Main Street commercial district from Potunk Lane to Beach Road/Beach
Lane. The northern boundary of the service area is located north of
Main Street with the southern boundary running along Stevens Lane,
and contains the premises identified by Suffolk County Tax Map number
on Schedule A of this chapter and only those premises.
B.
(Reserved)
As used in this chapter, the following terms are hereby defined
as follows:
The Building and Zoning Administrator of the Department of
Building and Zoning of the Village of Westhampton Beach, or his or
her authorized deputy, agent or representative.
The sewer extending from the lowest point of the wastewater
plumbing system within the perimeter line of any building or structure
to the point of interconnection with any public sewer.
Any residence, room, apartment or suite in a duplex house,
apartment building, rooming house or multiple dwelling which is used,
occupied or offered for rental, use or occupancy as a dwelling or
habitation for an individual or a single family.
Solid waste from domestic and commercial preparation, cooking
and dispensing of food and from the handling, storage and sale of
produce.
The point of interconnection between the building sewer and
the public sewer, irrespective of whether the premises are used for
residential, commercial or industrial or other purposes.
As applied to the intersection of two streets, the point
of intersection of the center lines of the respective streets.
Has the meaning set forth in § 141-2C.
As used in relation to the term "public sewer system," any
lateral sewer, branch sewer, interceptor sewer, trunk sewer or sewage
treatment or disposal works, each part with necessary appurtenances,
including stations.
Any change or alteration that would affect the sewer usage
applicable to any premises which is not of a temporary or seasonal
nature or with regard to which the owner of the premises certifies
an intent not to resume or reestablish any previously existing use.
Any lot, parcel, plot, piece or tract of land.
Any cesspool, septic tank, leaching field or other private
wastewater treatment facility servicing the premises upon which it
is installed which recharges wastewater to groundwater and is not
connected to the public sewer system.
A sewer, other than a building sewer, which forms a part
of the public sewer system of the Village.
All sewer pipes and other appurtenances which are used or
useful, in whole or in part, in connection with the collection, conveyance,
treatment or disposal of sewage, industrial waste and other waste
and which are owned, operated or maintained in the Village of Westhampton
Beach by the County of Suffolk, including sewage pumping stations
and sewage treatment and disposal works, but does not include a building
sewer.
Has the meaning set forth in § 141-3.
A pipe or conduit carrying wastewater. Unless the context
clearly implies otherwise the use of the word "sewer" without a modifier
means a public sewer.
A scale of charges established and imposed by the Suffolk
County Sewer Agency, for the use, operation and maintenance of a public
sewer system or any part thereof.
Wastewater which results from precipitation, such as rain
or snow, and collects on premises or runs off or drains away from
premises during or after such precipitation.
Any act or omission which violates any provision of this chapter, or which violates the terms or conditions of any permit issued pursuant to § 141-9A of this chapter.
Any person who causes, suffers or permits any matter to be
discharged into any public sewer or appurtenance thereto, including
the owner of record of any using premises.
Any premises actually and physically interconnected with
the public sewer system or any part thereof.
Rejected, unused or superfluous substances, in liquid, gaseous
or solid state, resulting from domestic, agricultural or industrial
activities.
The spent water of the Village. From the standpoint of sources,
it may be a combination of the liquid- and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with any groundwater, surface water and stormwater that may
be present.
A.
The provisions of Article 5 (General Sanitation), and specifically
§ 760-502 (Sewage Disposal) of the Suffolk County Sanitary
Code and Chapter 740 (Sewers) of the Suffolk County Code as currently
in effect and as amended from time to time, are incorporated herein
by reference and made applicable throughout the Village.
B.
The Village delegates to the Suffolk County Department of Health Services and the Suffolk County Department of Public Works authority to enforce within the corporate limits of the Village those provisions of the Suffolk County Sanitary Code and Suffolk County Code made applicable by Subsection A of this section.
C.
The provisions of this chapter shall be construed in aid of and not
in derogation of any provision of like or similar purport set forth
in the Suffolk County Sanitary Code and Suffolk County Code, both
as the same is presently constituted and as the same may be hereafter
amended.
A.
No person shall cause, suffer or permit any matter or substance of any kind to be discharged into any public sewer or shall otherwise use, suffer or permit the use of any public sewer or shall make interconnection with or cause, permit or suffer interconnection to be made with any public sewer or any part or extension thereof unless there shall be in full force and effect with respect to such use and interconnection a site plan for sewer connection therefor issued pursuant to § 197-63S.
B.
The Administrator shall give the owner of premises located in a service
area written notice that the premises must be connected to the public
sewer.
A.
The owner of premises used for human occupancy, employment, recreation or other purposes situated within a service area of the Village (as set forth in § 141-3) is hereby required at the owner's expense to connect said premises to the public sewer in accordance with the provisions of this chapter within 90 days after receiving approval of a site plan for sewer connection pursuant to § 197-63S from either the Administrator or the Planning Board, whichever is applicable.
B.
(Reserved)
A.
Within service areas, as set forth in § 141-3 above, no building permit or other permit shall be issued for any new construction, repair, renovation, alteration, addition or change of use on any premises subject to § 141-7 until:
(1)
The Administrator has issued site plan for sewer connection or received
from the Planning Board a site plan approval for the project; and
B.
No certificate of occupancy or preexisting use certificate shall be issued with respect to any premises subject to § 141-7 until a certificate of approval or other required approval/permit from Suffolk County Department of Public Works and Suffolk County Department of Health Services is submitted to the Village Building Inspector.
C.
The owner of any premises in a service area with respect to which
there is expected to be a change of use or a change in the volume
or quality of wastewater so as to require the modification of any
specification, restriction or condition set forth in a previously
approved site plan for sewer connection shall, prior to any such change
of use or change in volume, apply to the Administrator, on a form
approved by the Board of Trustees authorizing such change of use or
volume for an amended site plan for sewer connection.
A.
No person shall uncover, make any connection with or opening into, alter or disturb any public sewer without first obtaining a written permit from the Administrator. Such permit shall be issued without charge. Any excavation which disturbs or alters the pavement of any public street, road or sidewalk shall comply with the requirements of § 146-3 of the Village Code.
B.
There shall be installed on every premises within a service area, at the expense of the owner and at no cost or expense to the Village, a separate building sewer conforming to the requirements set forth in Subsection D of this section.
C.
All work done and materials provided in connection with the installation
of a building sewer shall conform Suffolk County regulations issued
for building sewer connections.
D.
Each and every building sewer shall conform to the technical specifications
and requirements set forth by Suffolk County, as may be amended.
E.
In the event that a building or structure connected to a public sewer
is to be abandoned or demolished or the certificate of occupancy therefor
is revoked, the building sewer shall be disconnected at its original
point of interconnection with the public sewer, and the public sewer
shall be sealed with a watertight plug-in accordance with Suffolk
County Code Chapter 740 (Sewers), as amended.
A.
It shall be unlawful for any person to place, deposit or permit to
be deposited in any unsanitary manner on public or private property
within the Village or in any area under the jurisdiction of said Village
any human or animal excrement, garbage or objectionable waste.
B.
No person shall introduce or cause, suffer or permit to be introduced
into the public sewer system any matter or substance of any kind which
would, either singly or in combination with other substances, interfere
in any way with the operation of the system or any part thereof.
The owner of any premises subject thereto who shall violate §§ 141-6 and/or 141-7 shall be liable for the penalties prescribed in this chapter and for the penalties prescribed for violation of the applicable provisions of the Suffolk County Sanitary Code and Chapter 740 (Sewers) of the Suffolk County Code, as amended.
The owner of any using premises who shall violate § 141-11 or any other person who shall knowingly violate § 141-11 shall be guilty of an offense and, upon conviction thereof, may be fined in an amount not to exceed $250. Each day during which any such violation shall occur shall be deemed a separate offense.
The owner of any using premises with respect to which a violation
of any provision of this chapter, shall continue for more than 10
days after the Administrator has given such owner written notice thereof
shall be liable to the Village for a civil penalty in the amount of
$100 for each and every day during which such violation shall so continue,
which penalty shall be in addition to and not in lieu of any other
remedy of the Village or any other penalty which may lawfully be imposed
under this chapter.
A.
With respect to any violation of any provision of this chapter which
shall continue for more than 20 days after the Administrator has given
the owner of the premises written notice thereof, the Board of Trustees
may, by resolution, direct the Administrator to remedy such violation
or to disconnect the premises from the sewer system at public expense.
A.
Any person whose unlawful act or omission shall occasion or contribute
to the imposition of any fine or penalty of any kind upon the Village
in connection with the operation of the public sewer system or the
discharge of any treated wastewater therefrom shall be liable to the
Village for the whole amount of any such fine or penalty.
B.
Any person whose unlawful act or omission shall require the defense
by the Village of any action or proceeding at law or in equity or
which shall occasion or contribute to the payment by the Village of
damages resulting from loss of life, personal injury or property damage
in connection with the operation of the public sewer system or the
discharge of treated wastewater therefrom shall be liable to the Village
to the full extent of any such damages and any and all litigation
expenses or costs of any kind or nature, including attorneys'
fees, incurred by the Village in defending any such action or proceeding.
C.
The liability of two or more persons who shall be liable to the Village pursuant to Subsection A or B of this section shall be joint and several. As to such liability to the Village, there shall be no apportionment between such persons in proportion to the degree of fault or otherwise. Nothing herein contained shall be construed to prevent the enforcement of any right of contribution between such persons, inter se, or to prevent the impleading of any additional party in any action brought by the Village.
In addition to or in lieu of any other remedy of the Village
or any other penalty which may lawfully be imposed under this chapter,
the Village may institute a proceeding for a mandatory or prohibitory
injunction against any person to enforce compliance with any provision
of this chapter.
Insofar as possible, this chapter shall be construed in harmony
with all federal, state or county laws, statutes and administrative
rules and regulations issued pursuant thereto affecting or pertaining
to the same subject matter as the provisions of this chapter. In the
event of any conflict between the provisions of this chapter and the
provisions of any such laws, statutes or administrative rules or regulations,
then it is the intent of the Board of Trustees of this Village that
the most stringent or restrictive of such provisions be deemed controlling,
any more permissive provision of this chapter to the contrary notwithstanding.
Service of any notice required to be given by any provision
of this chapter shall be deemed sufficient if made in any of the following
ways:
The Board of Trustees may, by resolution, adopt rules and regulations
not inconsistent with the provisions of this chapter and reasonably
calculated to further the purposes hereof.
The Village and all officers and employees thereof, assume no
liability or responsibility for losses, injuries, leakage or damages,
including incidental and consequential damages, that may result from
increases or decreases in volume of flow in the sewer system and,
within the system as a whole or any part thereof, service may be decreased
or discontinued at any time without prior notice to any user.
